The issue of related enterprises is currently being clarified by the Ministry of Finance in the GEO project. Experts that HotNews.ro spoke to this morning say that this applies to micro-enterprises.

The main idea behind these new clarifications is that if you have an income of more than half a million euros accumulated through two companies (or more), only one can be in the micro-enterprise tax regime.

Also, if you have a PFA and have a business, you will need to add your income to see if you are over this limit. If it exceeds this amount, the company will pay corporate tax.

The following conditions must be taken into account in relation to related enterprises (under the mentioned project):

• a Romanian legal entity has, directly and/or indirectly, more than 25% of the value/quantity of participation rights or voting rights in another Romanian legal entity, or has the right to appoint or remove the majority of the board of directors, management or supervision of another Romanian legal entity;

• the legal entity owns, directly and/or indirectly, more than 25% of the value/quantity of participation rights or voting rights, or has the right to appoint or recall the majority of the members of the board of directors, management or supervision of Romanian legal entities;

• a Romanian legal entity is related to another Romanian legal entity if the person owns, directly and/or indirectly, more than 25% of the value/quantity of participation rights or voting rights or has the right to appoint or recall the majority of the members of the board of directors, management or supervision as in the first a legal entity, as well as in a second legal entity;

• a shareholder/associate of a Romanian legal entity that owns, directly and/or indirectly, more than 25% of the value/quantity of participation rights or voting rights of this Romanian legal entity, carries out economic activity through an authorized natural person individual enterprises / family enterprises / other form of economic organization activities without the right of a legal entity, authorized in accordance with current legislation. At the same time, the incomes of the authorized natural person/individual enterprise/family enterprise/other form of economic organization without the status of a legal entity, authorized in accordance with the current legislation, registered in accordance with the current accounting regulations, are accumulated with those made by the Romanian legal entity/other related enterprises.

In fact, the Government is trying to reduce their number, although in the PNRR we have committed to do so by lowering the threshold. Now it is 500,000 euros. Next year, there will probably be another reduction (to 300,000 euros or to 100,000 euros – we haven’t decided yet). Until then, through Law 296/20232 and through GEO 115/2023, an attempt was made to reduce them.

The only entrepreneurs who are not affected are those who own a separate micro-enterprise and do not have a PFP.

Micro-enterprises have the following tax rates:

• 1%, for micro-enterprises whose income does not exceed 60,000 euros

• 3% for micro-enterprises that:

1. earns more than 60,000 euros; or

2. perform main or secondary activities in different CAEN codes

By the end of this month, entrepreneurs must declare with which company they remain micro-enterprises, and from April they will start paying taxes to the state.

The number of companies that have the micro-business regime significantly decreased in 2023 after the entry into force of the provisions of Decree 16/2022. According to ANAF data, if in 2022 there were 912,875, then in 2023 the number fell to 495,488.

See also: OUG project: The issue of subsidiary enterprises is clarified, money for veterans who went to the reserve, State companies will give at least 50% of profit to the budget and can raise salaries

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